I. Points to note about real estate inheritance rights

According to the provisions of the 2015 Civil Code, the 2024 Land Law, and the 2023 Housing Law, the testator has the right to designate the heirs of their estate. Therefore, foreign nationals can be recognized as heirs under Vietnamese law. However, when a will is made, it must meet the legal requirements for a valid will as stipulated by the law.

A foreign national may inherit real estate in Vietnam if they have a valid will. However, the exercise of this right is subject to specific legal conditions. In cases where the will designates a foreigner as the heir to real estate in Vietnam, the foreigner will be recognized as having inheritance rights but must comply with regulations related to land ownership and land use rights for foreigners.

II. Can foreigners inherit real estate?

The detailed provisions for foreigners inheriting real estate in Vietnam include:

Inheritance of land use rights and housing ownership rights: According to the Land Law, foreigners are not allowed to own land in Vietnam, so they cannot directly inherit land ownership. However, if the inheritance includes real estate, a foreigner can inherit housing ownership rights and other constructions on the land if there is a valid will and the property is located within projects that allow foreign ownership (e.g., commercial housing, including apartments and detached houses within investment projects, excluding areas reserved for national defense and security as defined by the government).

Property use rights and asset transfer: If a foreigner cannot own land or does not meet the conditions for housing ownership, they may choose to transfer the real estate to receive the value of the inherited asset. This allows the foreign heir to obtain the economic value of the property without violating Vietnam’s land ownership regulations.

Notarization and confirmation of inheritance rights: To inherit real estate, a foreigner must complete notarization procedures to confirm their inheritance rights according to Vietnamese law. Notarization involves preparing documents related to the will, death certificate, and documents proving the inheritance relationship. After completing the notarization, the heir can officially be recognized as the rightful heir.

Approval from government agencies: If the inherited property is located in an area where foreigners are not permitted to own housing or real estate, the foreign heir must submit an application to the relevant government agency for approval to transfer or liquidate the property to receive the corresponding value.

Tax and fee obligations related to inheritance: Foreign heirs are obligated to pay taxes and fees related to real estate inheritance according to Vietnamese law. This includes registration tax, personal income tax (if applicable), and legal fees related to the inheritance and transfer of property.

Thus, foreigners have the right to inherit real estate in Vietnam if there is a valid will, but the actual ownership rights depend on land law regulations and related legal procedures.

III. Transfer or donation of real estate by foreign heirs

In cases where all heirs to land use rights, housing ownership rights, and other assets attached to land are foreigners:

• The heirs will not be granted certificates of land use rights, housing ownership rights, or ownership of other assets attached to the land.
• Foreigners can only receive the value of the property through the transfer or donation of land use rights as follows:
  • In the case of transferring land use rights, the heir can be listed as the transferor in the land use rights transfer contract.
  • In the case of donating land use rights, the recipient must be an individual allowed to receive land use rights under the 2013 Land Law and in accordance with housing regulations, where the heir is listed as the donor in the contract or donation agreement.
  • If the land use rights have not been transferred or donated yet, the heir or their authorized representative must submit an application to the land registration office to update the inheritance in the land register.

Thus, if the inheritance is real estate, specifically land use rights, ownership of houses and other assets attached to land, foreigners can only enjoy the value of the property through the transfer or donation of land use rights to others.

IV. About Us, Hankuk Law Firm

■ Hankuk Law Firm – Introduction

The goal of the legal services provided by HANKUK LAW FIRM is to support businesses, investors, and people. Our organization employs skilled Korean lawyers, partners, and professionals to provide legal services to businesses related to corporations and litigation.

To support the startup process, our lawyers and staff provide a wide range of services, including business law consulting, tax and immigration law consulting, real estate services, business consulting, marketing and communications, human resources, product distribution, franchise options, etc. We provide expert advice on every aspect of your business needs.

To protect the legitimate rights and interests of our clients and achieve the best results, we provide legal advice and participate in civil lawsuits related to business, labor, marriage, family, and inheritance.

■ Contact us now

For reliable and effective legal advice, please contact HANKUK LAW FIRM now. We are committed to providing you with the best possible answers and our team of experienced lawyers has extensive knowledge in many legal fields. We are always here to provide the most competent and dedicated support, whether you are dealing with contractual issues, commercial disputes or need guidance on foreign investment. HANKUK LAW FIRM is honored to have assisted hundreds of domestic and international clients in skillfully resolving complex legal issues as their trusted legal partner. Do not let legal issues hinder your success. Let us accompany you towards legal achievement and comfort. For prompt guidance and support to ensure your rights are always maintained at the highest standards, contact HANKUK LAW FIRM now.

■ Contact Hankuk Law Firm:

Website: http://hankuklawfirm.com/en/  FB: https://www.facebook.com/hankuk.lawfirm  Tiktok: https://www.tiktok.com/@hankuklawfirm Youtube: https://www.youtube.com/@hankuklawfirm6375 Email:  info@hankuklawfirm.com   SĐT: 0369.77.11.46